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State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......fessed his guilt. Accordingly, he was handed over to police on the spot. The medical report corroborates the allegations of sexual assault. 4. The High Court Division has discretionary power to grant an accused person on bail even in respect of serious offences like the one but it sho............................Respondents Order March 9, 2014. Result: This petition is disposed of. Lawyers Involved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. ......s guilt. Accordingly, he was handed over to police on the spot. The medical report corroborates the allegations of sexual assault. 4. The High Court Division has discretionary power to grant an accused person on bail even in respect of serious offences like the one but it should not e..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ...... for the petitioner in Writ Petition No. 3705 of 3013 co-jointly submits that from the impugned order (Annexure-F) it appears that the respondent Np.3 has suspended the petitioner exercising his power as provided under section 34(4)(gha) of the Local Government (Union Parishad) Ain, 2009 (......sp; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin a......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......on that, by notification dated 20-11-2011 the BSEC has imposed certain conditions as narrated in paragraph No. 4 of the affidavit-in-opposition and the notification has been issued in exercise of the power vested in the BSEC under section-2CC of the Security Exchange Ordinance, 1969 (the Ordina......under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for cond......ctors that have taken place in Form-XII with the Registrar of Joint Stock Companies and Firms, reflecting the change in the board of directors pursuant to this judgment and order. The stay order granted at the time of admission of this petition is hereby vacated. The parties will bear thei..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......there is no clear provision mentioning the word 'transposition' but order I, rule 10(2) of the Code of Civil Procedure enables the Courts to make such transposition, order I, rule 10(2) has empowered the Courts to strike out name of any party, either plaintiff or defendant, improperly joined......tioners. Probir Niogi, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the High Cour...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ...... number and the writ petition may be sent back on remand to the High Court Division for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in it under article 104 of the Constitution for doing complete justice in a case. ......osne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the 18th day o......sp; "Judgment and order dated 19-8-2010 passed by a Division Bench of the Hon'ble Court Division in Writ Petition No.878 of 2010 who discharged the Rule and vacated the order of stay as granted at the time of issuance of the Rule." &..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
...... persons on anticipatory bail must be exercised sparingly in exceptionally deserving cases, is supported by unbroken chain of authorities of high preponderance, not only because by assuming this power, the High Court Division in a sense destabilises the normal pattern and usurp the discretion m......…………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); section 498
......sion into a Magistrate's Court is least desired……………..(14)
Pre-arrest bail is an extraordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and intelligible exerc..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......t: The appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Murad Reza Additional Attorney-General instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil App...... the High Court Division discharged the Rule. 8. Being aggrieved by the said judgment and order of the High Court Division a petition for leave to appeal was filed by the appellant and leave was granted to consider the following grounds: I "Whether the High Court Division was wrong in..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......e Indian Supreme Court in the case of Sreemoti Indira Gandhi Vs. Rajnarain reported in AIR 1975 (SC) 2299 as follows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideological aspirations of the peoples....................... Begum and others...……………Respondents Judgment February 16, 2014. Result: Both the petitions are dismissed. The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. T......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....ated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-faci......ent exercise of discretion. The High Court Division cannot exercise its discretion whimsically at its suit will. The instant case is filed by the Durnity Daman Commission in exercise of its power under Act of 2004, the Durnity Daman Commission is a necessary party but, the accused-responde......d another…………….................Respondents Judgment February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bai...... Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exer..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....ated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-faci......ary, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favo......Islam and another…………................Respondents Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be gran......February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exer..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......ransfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court has power to pass such decree. 2. Facts are shortly narrated as under. Respondents instituted a reg......t Appellate Division (Civil) Present: Appellate Division (Civil) Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen So......(From the judgment and order dated 3-4-2004 passed by the Appellate Division in Civil Petition for Leave Appeal No. 1075 of 2003.) Judgment Surendra Kumar Sinha J.- In this appeal leave was granted to consider the questions as to whether this Division has committed any error apparent on th..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......No. 7 of 1973 vide Miscellaneous Case No. 16 of 1987, no more subsists. Therefore, without reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice a.............Respondents Judgment February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other wo......Court, Dhaka in Title Suit No. 249 of 1976 be stayed for six months and the Miscellaneous Case No. 958 of 1981 pending in the 3rd court of Subordinate Judge, Dhaka be struck down." And leave was granted to consider the only ground to the following effect: "For that consistently with t..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......mala fied intent to pass the Act.
8. He further submits that the impugned section 32Ka has been inserted in the Act of 2004 through the Anti-Corruption Commission (Amendment) Act, 2013, by which power given under sections 17(j), 20(1), (2) and 24 of the Anticorruption Commission Act, 2004 to th......s
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents
Judgment
January 30, 2014.
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......6 and Arif-uz-Zamanvs. State, 17 BLC (AD) 167. 8. The copies of the Rules were served upon the opposite party 2, who appeared through his learned Advocate Mr. Md. Showkat Ullah Khan by filing a power on 14.01.2013 against entry No.2523. We kept it pending in the list for several days as a part...... Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd. HouseNo.38 (1st Floor) Road No.5, Block-G, Police Station-Banani,District- ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwise he remains to...... Judgment Md. Imman Ali J. - This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The f..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... could not be executed unless it was communicated by an officer of this Division, which is an error of law. The other point raised on behalf of the petitioner is that in exercise of its inherent powers under Article 104, this Division ought to have afforded the petitioner an opportunity to file...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nb...... mind that, by assumption, every judgment passed by a Court is a considered and solemn decision on all points arising out of the case, and further that every reason compels towards the grant of finality in respect of such judgments delivered by a Court which sits at the apex of the ju..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......mit that subsequently, the National Board of Revenue (in short, the NBR) vide Special Order No. 06/Musuk/2007 dated 08.07.2007 had relieved the private universities from paying VAT, in exercise of power as provided under section 14 of the VAT Act, 1991 which is a glaring instance of discriminatio......spondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. ......mains no cause of action requiring adjudication. Hence, it is liable to be discharged as being infructuous. In the result, the Rule is discharged as being infructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......t—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any power to adjudicate matters relating to the internal affairs, in particular dispute relating to elec......Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining A......ntemplation of law laid down in section 213 of the Act, 2006; the first party has no locus standi to bring the case as he resigned in the meantime; further, a Labour Court has not been given power of granting any injunction, temporary or otherwise which are available, under the provisions of Specifi..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......aka 75, 25,000. 22. In several cases including the cases of Ganyson Ltd. Vs. Sonali Bank 37 DLR (AD) 42 and AFM Naziruddin Vs. Hameeda Banu 45 DLR (AD) 38, this Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant cas......District Judge, Dhaka and others ................Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......ious received money. It has been further alleged that the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himsel......bu Bakar Siddiquee J AKM Mosharraf Hossain............Convict-Appellant Vs. State & another………………….Respondents Judgment October 10, 2013. Result: The appeal is dismissed. Cases Referred to- Hasanuddin S......nistry. The BCIC paid salary and other benefits towards the convict-appellant for two years i.e. contracted period. It is beyond our reach to understand that how an advance (payable at a time) can be granted to the convict from the fund of BCIC whenever the pay bill has been prepared in every month...Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
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